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dismissed EB-2 (NIW) RFE Issued

Business Administration And Finance Professional

Telemedicine Supply Chain Management · 2024-09-23

Decision Date
2024-09-23
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to establish a consultancy specializing in telemedicine supply chain management. This endeavor aims to develop a novel telemedicine platform connecting patients with health professionals via kiosks, computers, tablets, and cell phones, primarily targeting rural communities, migrant populations, and individuals with mobility/transportation difficulties in Florida and Puerto Rico to eliminate access barriers and reduce healthcare costs.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director found substantial merit but the AAO concluded the petitioner failed to demonstrate national importance, as evidence did not show specific government interest in his endeavor or substantial positive economic effects beyond general growth potential.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of his specific proposed endeavor under the first Dhanasar prong. While the Director found substantial merit, the AAO agreed that the evidence did not show specific government interest in the petitioner's endeavor (e.g., ARPA funding or letters from agencies) or substantial positive economic effects beyond general growth potential, despite projected hiring of 5 employees in the first year and 5 more in the second year.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish that the Petitioner satisfied each prong of the Dhanasar analytical framework. The petitioner responded with a business plan and amended personal statement, but the Director and AAO found the response insufficient to demonstrate national importance under Prong 1.

RFE Targets
The proposed endeavor has both substantial merit and national importanceprong 2prong 3

Evidence

Evidence Types
Government Alignment
Original Contributions
Commercial Success

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-23.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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